AKTA PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) 2019

) This Act comes into operation on a date to be appointed by the Yang di-Pertuan Agong by notification in the Gazette and the Yang di-Pertuan Agong may appoint different dates for the coming into operation of different provisions of this Act.

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Interpretation

in relation to a contentious business—

any person who as a principal or on behalf of another person retains or employs a Peguam

Syarie; and

any person who is or may be liable to pay a

Peguam Syarie’s costs; or

in relation to a non-contentious business—

any person who, as a principal or on behalf of another, or as a trustee, executor or administrator, or in any other capacity, has express or implied power, to retain or employ a Peguam Syarie; and

any person for the time being liable or may be liable to pay a Peguam Syarie’s costs for his services;

“Badan Peguam Syarie” means the Badan Peguam Syarie of the Federal Territories established under section 42;

“Register” means the Register of Peguam Syarie kept and maintained under section 24;

“Register of Practitioners” means the Register of Annual

Practising Certificate kept and maintained under section 31;

“Chief Syariah Judge” means the Chief Syariah Judge of the

Federal Territories;

“Chief Registrar” means the Chief Registrar of the Syariah

Appeal Court of the Federal Territories;

“Chief Syariah Prosecutor” means the Chief Syariah Prosecutor of the Federal Territories;

Syarie Legal Profession (Federal Territories)

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“cost” includes fees, charges, disbursements, expenses and remuneration;

“Board” means the Syarie Legal Profession Qualifying Board established under section 3;

“syariah court” means the Syariah Lower Court, Syariah High

Court or Syariah Appeal Court, as the case may be, established under section 40 of the Administration of Islamic Law (Federal

Territories) Act 1993 [Act 505];

“Syariah High Court” means the Syariah High Court of the

Federal Territories;

“Minister” means the Minister charged with the responsibility for the administration of the religion of Islam in the Federal

Territories;

“unauthorized person” means a person whose name is not listed in the Register and did not possess a valid Annual Practising

Certificate;

“syariah officer” means a syariah officer in the general public service of the Federation or in the general public service of any

State;

“legal officer” means a legal officer in the judicial and legal services;

“advocate and solicitor” means an advocate and solicitor registered under the Legal Profession Act 1976 [Act 166];

“Peguam Syarie” means a Peguam Syarie who has been admitted as Peguam Syarie in the Syariah High Court and who has been registered under section 24;

“State Peguam Syarie” means any qualified person who has been admitted as a Peguam Syarie in any State in Malaysia;

“pupil” means a qualified person who is undergoing a period of pupillage under section 13;

“pupillage” means pupillage in chambers;

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“master” means a Peguam Syarie with whom a pupil is undergoing his period of pupillage under section 13;

“Supporting Acknowledgement” means an acknowledgement issued under section 28;

“Secretary to the Board” means the Secretary to the Syarie

Legal Profession Qualifying Board mentioned in subsection 7(1).

Establishment of the Board

to determine the qualifications of the persons intending to apply for the admission as a Peguam Syarie; and

to provide for—

the course of instruction, training, education, interview and examination by the Board for the persons intending to apply for the admission as a Peguam Syarie; and

the course of instruction, training and continuous professional development of the Peguam Syarie.

Powers of the Board

) Without prejudice to the generality of subsection (1), the

Board may—

appoint any committee as the Board considers necessary and expedient to assist the Board in the performance of its functions and in the exercise of its powers;

pay allowances and other expenses of the members of the Board or its committees;

appoint any lecturers and examiners for the purpose of providing courses of instruction, training, education, interview and examination under paragraph 4(b);

pay allowances and other benefits to lecturers and examiners appointed under paragraph (c); and

impose any fees or other charges as prescribed by the

Board in the performance of its functions and the exercise of its powers.

Membership of the Board

the Chief Syariah Judge who shall be the Chairman;

the Chairman of Majlis Peguam Syarie who shall be the

Deputy Chairman;

a representative of the Attorney General’s Chambers who shall be a Muslim;

the Chief Syariah Prosecutor;

a Peguam Syarie who has been practising for not less than twenty years nominated by the Majlis Peguam

Syarie;

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an academician in the syariah field from a higher educational institution to be nominated by the Minister charged with the responsibility for education; and

an academician in the legal field from a higher educational institution to be nominated by the Minister charged with the responsibility for education.

) Members of the Board appointed under paragraphs (1)(e),

and (g) shall hold the office for a period of three years and is qualified to be reappointed for another three years.

) Members of the Board appointed under paragraphs (1)(e),

and (g) shall be deemed to have vacated his seat as a member of the Board if—

he is no longer a citizen of Malaysia;

he is no longer resides in Malaysia;

he is an undischarged bankrupt;

he has been found guilty by any court for any offence involving fraud, dishonesty or moral turpitude, or for any other offence punishable with imprisonment, whether in itself only or in addition to or in lieu of a fine;

in the case of a member appointed under paragraph (1)(e)—

he is no longer holds a valid Annual Practising

Certificate issued under this Act; or

he has been convicted by the Disciplinary Board for any misconduct under Part IX of this Act; or

in the case of a member appointed under paragraph (1)(f)

or (g)—

he has been punished by the competent disciplinary board for any disciplinary offence; or

he has resigned from the higher educational institution.

Syarie Legal Profession (Federal Territories)

) A member appointed under paragraph (1)(e), (f) or (g)

may at any time resign his office by a notice in writing to the

Chairman of the Board.

) The provision of the First Schedule to the Act shall apply to the members of the Board.

Secretary to the Board

) The Secretary to the Board shall attend all meetings of the

Board and may participate in the deliberations of the Board, but shall not be entitled to vote.

Allowance

) Without prejudice to the generality of subsection (1), rules may be made for the following purposes:

the qualification of persons for admission as a Peguam

Syarie;

the course of instruction, training, education, interview and examination of persons for admission as a Peguam

Syarie;

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the practical experience required for admission as a

Peguam Syarie;

the fees or charges that may be imposed by the Board in the performance of its functions and the exercise of its powers; and

such other matters required to be prescribed by the Board under this Act.

Power to exempt

possesses any qualification prescribed by the Board; or

is an advocate and solicitor and has any additional qualification in the syariah field or syarie judicial as prescribed under section 12.

Conditions for admission

has attained the age of twenty-one years;

is a Muslim;

Syarie Legal Profession (Federal Territories)

is either a citizen or permanent resident of Malaysia;

is of good character;

has not been convicted in Malaysia or elsewhere of any criminal offence;

has not been adjudicated as undischarged bankrupt;

has attended and passed the courses of instruction, training, education, interview or examination prescribed by the

Board, where applicable; and

has served the period of pupillage as required under section 13.

) A State Peguam Syarie may apply for an admission as a

Peguam Syarie under section 15 if—

he fulfils the conditions referred to in paragraphs (1)(a)

to (g); and

he has been engaged in active practice as a State Peguam

Syarie in any State before he applies for the admission.

Period of pupillage

) For the purpose of subsection (1), a pupil shall serve his period of pupillage with a master who is and has been in an active practice in the Federal Territories for a total period of not less than seven years immediately preceeding the date of commencement of his pupillage.

) A pupil shall not, without special leave in writing of the

Majlis Peguam Syarie, hold any office or engage in any employment of any kind, whether full time or otherwise, during his period of pupillage, but nothing in this subsection shall preclude a pupil from receiving remuneration from his master.

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Exemption from pupillage

) The Majlis Peguam Syarie may allow any qualified person to serve different parts of his period of pupillage with different masters.

) The Majlis Peguam Syarie may exempt any qualified person who has served as a syariah officer for a period of at least one year from serving any period of pupillage under section 13.

) For the purposes of subsection (3), the syariah officer shall submit to the Majlis Peguam Syarie a certificate from the

Director General of Department of Syariah Judiciary Malaysia or respective head of service, as the case may be, stating his period of service as a syariah officer.

Application for admission

) The application under subsection (1) shall be supported by an affidavit exhibiting—

in the case of the application by a qualified person—

certified copies of any documentary evidence showing that he is a qualified person;

two recent certificates as to his good character;

a certificate of diligence from his master with whom he served his pupillage in cases where he is required to serve a period of pupillage, or in the absence of such certificate any other evidence as the Syariah High Court may require showing that he has served such pupillage with diligence;

Syarie Legal Profession (Federal Territories)

where applicable, a certificate signed by the

Secretary to the Board that the applicant has attended the courses of instruction, training, education, interview or examination prescribed by the Board; and

certified copies of any documentary evidence showing that the applicant has attained the age of twenty-one years, is a Muslim and is either a citizen or permanent resident of Malaysia; or

in the case of the application by a State Peguam Syarie—

a certified copy of an order of a syariah court or a copy of the practising certificate of the States which has admitted him as a Peguam Syarie;

a certified copy of an acknowledgement given by a Peguam Syarie who has been practising in such State for at least five years, that in his knowledge, the applicant has been engaged in active practice as a Peguam Syarie in any State before he applies for the admission; and

a certified copy of an acknowledgement given by the secretary or other officer of the responsible

Department on the conduct and discipline of a

Peguam Syarie of the State, that the applicant has not been convicted of any disciplinary offence.

) The application, affidavit, acknowledgement, document and evidence stated in this section shall be in the manner as determined by the Syariah High Court.

Filing of copy of application

) The Chief Registrar shall cause to be posted the notice referred to in subsection (1) at the Syariah High Court in the

Federal Territories of Kuala Lumpur, Labuan and Putrajaya for thirty days before the hearing of the application for admission of the applicant.

Service of copy of application

) If any of the reports is unfavourable to the applicant, the Chief Registrar shall submit such confidential report to the

Chief Syariah Judge and the Chief Syariah Judge may, if he thinks fit and reasonable, direct such report to be filed in the

Syariah High Court and a copy of the report to be served on the applicant and, subject to such directions as the Syariah

High Court may give, such report shall be taken into consideration on the hearing of the application.

) All reports and communications under this section shall be treated as confidential.

Objection of application by the Chief Syariah Prosecutor or

Majlis Peguam Syarie

) The notice of objection shall be filed in the Chief Registrar’s

Office and served on the applicant within the period of not less than three days or any shorter period as the Syariah High Court may order before the date fixed for the hearing of the application for admission.

) The hearing of the notice of objection shall be heard—

in the same proceeding with, and before the same Syariah

High Court Judge for, the hearing of the application for admission as a Peguam Syarie; and

in the presence of the representatives of the Chief Syariah

Prosecutor and the Majlis Peguam Syarie.

) Notwithstanding paragraph (3)(b), the hearing of the notice of objection may be proceeded without the presence of the representatives of the Chief Syariah Prosecutor and the Majlis

Peguam Syarie if the Syariah High Court is satisfied that the applicant had served upon them a copy of his application for admission as a Peguam Syarie.

Objection of application by other person

) The objection under subsection (1) shall be filed in the Chief

Registrar’s Office and shall contain the full name, occupation and address of the person objecting the application for admission, a brief statement of the grounds of his objection and an address for service.

) Upon such objection being filed, the application for admission shall not be heard unless a notice of hearing of not less than three days has been served on the person objecting the application for admission.

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) The person objecting the application for admission may appear in the hearing of the application for admission as a

Peguam Syarie.

) The hearing of the application for admission as a Peguam

Syarie may be heard without the attendance of the person objecting the application for admission as a Peguam Syarie.

) The hearing of the objection shall be heard in the same proceeding with, and before the same Syariah High Court Judge for, the hearing of the application for admission as a Peguam

Syarie.

Admission as Peguam Syarie

) The name and the date of admission of a Peguam Syarie shall be entered in the Register in the order of the date of admission.

) The Register shall be open for inspection by any person without payment.

) Notwithstanding subsection (3), any application for an extract or a copy of the Register shall be subject to a prescribed fee.

Removal of name of Peguam Syarie from the Register

) If the name of a Peguam Syarie has been removed from the

Register under subsection (1), the Chief Registrar shall, upon any application for readmission as a Peguam Syarie is made, bring the fact to the notice of the Syariah High Court and the Syariah

High Court shall, if there is no such special circumstances, refuse the application.

Peguam Syarie may apply to remove his name from the Register

) The application under subsection (1) shall be supported by an affidavit stating the reasons for the removal of his name from the Register.

) The Peguam Syarie shall serve his application to remove his name under subsection (1) on the Majlis Peguam Syarie within a period of not less than fourteen days before the application is heard.

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) The application under subsection (1) shall be heard by a

Syariah High Court Judge sitting in chambers.

) After considering the application under subsection (1), the

Syariah High Court Judge may make an order—

directing the Chief Registrar to strike off the name of the Peguam Syarie from the Register;

adjourning the hearing of the application to such date as the Syariah High Court Judge deems fair and reasonable;

or

dismissing the application if—

a disciplinary action is pending against the Peguam

Syarie under Part IX of this Act; or

the conduct of the Peguam Syarie is the subject of inquiry under Part IX of this Act; and

for the payment of any costs.

Restoration of name of Peguam Syarie in the Register

) The application under subsection (1) shall be supported by an affidavit.

) The applicant shall serve a copy of the application under subsection (1) on the Majlis Peguam Syarie within fourteen days before the hearing of the application.

) The Majlis Peguam Syarie shall, upon receiving a copy of the application, prepare a report which shall include copies of the record of any proceedings as a result of which the applicant’s name was removed or struck off from the Register.

Syarie Legal Profession (Federal Territories)

) The Majlis Peguam Syarie shall be represented during the hearing of the application for the restoration and shall submit the report prepared under subsection (4) to the Syariah High Court before the hearing of the application.

) The Syariah High Court may, if it thinks fair and reasonable, order the Chief Registrar to restore the name of the applicant in the Register.

) Any person who is aggrieved by the decision of the Syariah

High Court may appeal to the Syariah Appeal Court.

) The Majlis Peguam Syarie shall, within twenty-one days after the application is received under subsection (1), issue the

Supporting Acknowledgement to the Peguam Syarie if—

the Majlis Peguam Syarie is satisfied that the Peguam

Syarie is not prohibited from holding an Annual Practising

Certificate under section 30;

the Peguam Syarie has submitted or has been exempted from submitting the accountant report under this Act;

the Peguam Syarie is not indebted in respect of any fees or levies payable to the Majlis Peguam Syarie under this Act; and

the Peguam Syarie intends to practise under the name of the firm that has been approved under section 39.

) A disciplinary proceeding may be taken against any Peguam

Syarie if in, or in relation to, an application under this section, he makes false statement which is material to the application.

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Issuance of Annual Practising Certificate

) The application under subsection (1) shall be accompanied by—

a declaration in writing stating—

his full name;

the name of the firm under which the Peguam

Syarie practices;

the principal and any other address at which he practises; and

that he is not disqualified from applying for an

Annual Practising Certificate under section 30;

a Supporting Acknowledgement issued by the Majlis

Peguam Syarie; and

a prescribed fee.

) The Chief Registrar shall, upon being satisfied that all the necessary documents referred to in subsection (2) are in order, issue to the Peguam Syarie an Annual Practising Certificate.

) Subject to subsection (5), every Annual Practising Certificate shall be signed by the Chief Registrar and shall be valid from the date of issuance to the end of the year except if—

the name of the Peguam Syarie is removed or struck off from the Register, the Annual Practising Certificate of the Peguam Syarie shall expire forthwith and the date of expiration shall be entered by the Chief Registrar in the Register; or

Syarie Legal Profession (Federal Territories)

a Peguam Syarie is adjudicated bankrupt or a bankruptcy order is made against him, the Annual Practising Certificate of the Peguam Syarie shall be suspended forthwith until the consent of the Majlis Peguam Syarie to reinstate the

Annual Practising Certificate of the Peguam Syarie is obtained.

) If a Peguam Syarie has duly complied with the requirement under subsection (1) in the month of January of any year, the

Annual Practising Certificate issued to him in respect of that year shall be deemed to have come into operation from 1 January of that particular year.

) In this section, the word “year” means the period from 1 January in any calendar year to 31 December in the same calendar year.

Disqualification from getting Annual Practising Certificate

unless he is practising or intends to practice either as a sole proprietor or by a partnership in the Federal

Territories;

unless he is employed full time in his practice in the

Federal Territories by a firm under which the Peguam

Syarie practises; or

if he is gainfully employed by any other person, firm or body in a capacity other than as a Peguam Syarie.

) Notwithstanding paragraph (1)(c), a Peguam Syarie who is gainfully employed by any other person, firm or body in a capacity other than as a Peguam Syarie may, upon obtaining the approval of the Majlis Peguam Syarie, apply for an Annual

Practising Certificate.

) For the purpose of this section, a qualified person shall not be construed as being gainfully employed if he is serving with the Syariah Officer Services, Legal Aid Department or Judicial and Legal Services.

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Register of Practitioners

) Upon the issuance of an Annual Practising Certificate, the Chief Registrar shall ensure that the particulars contained in the declaration submitted under paragraph 29(2)(a) and other particulars prescribed by the Chief Registrar to be entered in the

Register of Practitioners.

) If there is any changes of the particulars of the Peguam

Syarie in the Register of Practitioners, the Peguam Syarie shall, within thirty days of the changes, notify the Chief Registrar and

Majlis Peguam Syarie about the changes of the particulars, and the Chief Registrar shall cause the entry about the changes of the particulars in respect of that Peguam Syarie to be made in the Register of Practitioners.

) Any person may inspect the Register of Practitioners with the payment of a prescribed fee.

Submission of Annual Practising Certificate

) Nothing contained in this Part shall affect the right of—

a syariah officer, Syariah Prosecutor and other qualified person appointed temporarily to perform the duties of legal officers or syariah officers on behalf of the

Government in any syariah court, provided that he is a

Muslim; and

the Director General of Legal Aid or any person appointed to assist the Director General of Legal Aid under section 3 of the Legal Aid Act 1971 [Act 26]

acting in the performance of his duties.

Name of Peguam Syarie in the Register before practice

acts as a Peguam Syarie or an agent for any party to a proceedings or in any capacity, other than as a party to an action in which he himself is a party, commences, carries on, solicits or defends any action, suit or other proceedings in the name of any other person in any of the syariah court or draws or prepares any instrument relating to any proceedings in any syariah court; or

wilfully or falsely pretends to be, or takes or uses any name, title, addition or description implying that he is duly qualified or authorized to act as a Peguam

Syarie, or that he is recognized by law as so qualified or authorized, commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term of not exceeding three years or to both.

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) Without prejudice to the generality of subsections (1)

and (3), any unauthorized person who either directly or indirectly—

draws or prepares any document or instrument relating to any immovable property or to any legal proceedings or to any trust for the purpose and in relation to any act and suit in any syariah court;

takes instructions to draw or prepare any document on which to found or oppose a grant of probate or letters of administration in any Syariah High Court; or

on behalf of a claimant or person alleging himself to have a claim to a legal right, writes, publishes or sends a letter or notice threatening legal proceedings other than a letter or notice that the matter will be handed to a Peguam Syarie for legal proceedings, commits an offence under this subsection unless he proves that the act was not done for or in expectation to get any fee, gain or reward.

) Any unauthorized person who does or solicits the right to do any act which is customarily within the function or responsibility of a Peguam Syarie, including but not limited to advising on

Syariah law, unless he proves that the act was not done for or in expectation to get any fee, gain or reward, commits an offence under this subsection.

) Any unauthorized person who offers services as a Peguam

Syarie commits an offence under this subsection.

) Any person referred to in subsections (2), (3) and (4) shall, upon conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding ninety days or to both for the first offence, and for the second or subsequent offence, be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term of not exceeding six months or to both.

Syarie Legal Profession (Federal Territories)

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Certain persons may act as Peguam Syarie

the Attorney General or the Solicitor General or any other person acting under the authority of either of them;

the Director General of Legal Aid or any person appointed to assist the Director General of Legal Aid under section 3

of the Legal Aid Act 1971 acting in the course of his duties;

the syariah officer, Syariah Prosecutor and Legal Officer of the Majlis Agama Islam Wilayah Persekutuan acting in the course of their duties under any law relating to their offices;

any person acting personally for himself only in any matter or proceeding to which he is a party; and

any person acting on behalf of a minor or incapable person who is under his liability in any matter or proceeding to which the minor or incapable person is a party.

) The person referred to in subsection (1) shall be a Muslim.

Instrument and document to be endorsed

) Any Peguam Syarie who fails to endorse or falsely endorses or causes to be endorsed any of the instruments or documents commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to an imprisonment for a term of not exceeding three years or to both.

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Cost and payment to unauthorized person

) Any payment to an unauthorized person for anything done which is an offence under section 35 or 37 may be recovered in a court of competent jurisdiction by the person who has paid the money.

) The application under subsection (1) includes—

the proposed name of the firm;

the name of the Peguam Syarie and his partner, where applicable;

the principal address or any other address of the proposed name of the firm; and

other particulars as the Majlis Peguam Syarie deems necessary.

) The Majlis Peguam Syarie may, upon receiving an application under subsection (1)—

issue the certificate of registration; and

approve the proposed name of the firm.

Syarie Legal Profession (Federal Territories)

) The Majlis Peguam Syarie may refuse a certificate for registration on the grounds that the proposed firm name is misleading or is likely to be confused with another name of a firm which has been registered.

) Any Peguam Syarie who is dissatisfied with the decision of the Majlis Peguam Syarie may appeal to the Syariah High

Court.

) Any Peguam Syarie who fails to comply with subsection (1)

shall be subject to disciplinary proceedings.

Register of name of firm

) The Majlis Peguam Syarie may, at the request of a Peguam

Syarie or his partners, remove any name of firm from the register of name of firm, if the Majlis Peguam Syarie is satisfied that no one is practising under that name.

) The name of the firm shall not be struck off from the register of name of firm without a certificate from the Majlis

Peguam Syarie.

Restoration of name of firm in the register of name of firm

) The Majlis Peguam Syarie may, if it thinks fair and reasonable, restore the name of the firm which has been struck off in the register of name of firm.

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) The Badan Peguam Syarie shall have perpetual succession and a common seal.

) The Badan Peguam Syarie may sue and be sued in its corporate name.

) Subject to and for the purposes of this Act, the Badan

Peguam Syarie may, upon such terms as it deems fit—

enter into contracts;

acquire, purchase, take, hold or enjoy, as the case may be, any property, right, interest, obligations and liability of every description;

convey, assign, surrender, yield up, charge, mortgage, demise, lease, reassign, transfer or otherwise disposed of, or deal with, any movable or immovable property or any interest of the property vested in the Badan Peguam

Syarie;

invest any money of the Badan Peguam Syarie in a syariah compliant investment permitted for the investment of trust fund by any written law; and

borrow money for the purpose that the Badan Peguam

Syarie may think proper and for that purpose may pledge any immovable property vested in the Badan Peguam

Syarie.

Syarie Legal Profession (Federal Territories)

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Object of Badan Peguam Syarie

to promote and maintain the interest of the syarie legal profession in relation to the practice of syariah law in the Federal Territories;

to uphold the cause of justice without regard to its own interests or of its members, uninfluenced by fear or favour;

to maintain and improve the standards of conduct and learning of the syarie legal profession in the Federal

Territories;

to maintain the integrity and status of the Peguam Syarie as well as to avoid unlawful, dishonest and unethical practices among syariah law practitioners;

to promote opportunities for the acquisition and dissemination of knowledge and skills in the practice and application of syariah law;

where requested to do so, to express its view on matters affecting practices and syariah law reform in the Federal

Territories;

to protect and assist the public in all matters incidental to the syariah law;

to promote good relations and social relations amongst members and between members and other persons concerned in the administration of law, civil or syariah, in the Federal Territories or in other States; and

to promote, establish and maintain good relations with professional bodies of the legal profession in other countries and to participate in the activities of any local or international association and become a member of the association.

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Power to makes rules in relation to procedure of meeting, etc.

prescribing the procedure of any meeting including annual general meeting and extraordinary general meeting of the Badan Peguam Syarie;

regulating the conduct of the election of the members of the Majlis Peguam Syarie; and

prescribing such other matters that are incidental to the betterment of the Badan Peguam Syarie.

Members of Badan Peguam Syarie

) The provision of the Second Schedule to the Act shall apply to the members of the Badan Peguam Syarie.

Eligibility as member

to attend and vote at any general meeting;

to be elected as a member of the Majlis Peguam Syarie;

to vote on the election of members to the Majlis Peguam

Syarie; and

to serve in any Committee of the Majlis Peguam Syarie.

Syarie Legal Profession (Federal Territories)

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Annual subscription and levy

the amount of the annual subscription to be paid by members of the Badan Peguam Syarie; and

the levies payable by members of the Badan Peguam

Syarie for any of the purposes of the Badan Peguam

Syarie.

) The total of the subscriptions and the levies payable under subsection (1) shall not in any calendar year exceed three hundred ringgit for each member of the Badan Peguam Syarie without the approval of two thirds of the members present who shall vote in person at a annual general meeting of the Badan Peguam Syarie.

) Liability to pay any amount of the annual subscription by the members of the Badan Peguam Syarie to the Badan Peguam

Syarie shall arise when the subscription has been fixed by the

Majlis Peguam Syarie and all subscriptions shall be paid by or before 31 March each year.

Majlis Peguam Syarie of the Federal Territories

Establishment of Majlis Peguam Syarie of the Federal Territories

) The Majlis Peguam Syarie shall comprise the following:

the immediate past President and Vice-President of the

Badan Peguam Syarie except for the first Majlis Peguam

Syarie; and

thirteen Peguam Syarie elected pursuant to sections 49

and 50.

) The provision of the Second Schedule to the Act shall apply to the Majlis Peguam Syarie.

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Election of first Majlis Peguam Syarie members, etc.

) The Chief Registrar shall, in the meeting, appoint a Peguam

Syarie who has been in practice for not less than fifteen years, and if none, any Peguam Syarie who has been in practice for not less than five years to preside over the meeting.

) The quorum of the meeting referred to in subsection (1)

shall be not less than fifty members of the Badan Peguam Syarie.

) All matters arising in the meeting shall be decided by the majority of the members present and where there is an equality of votes, the Peguam Syarie appointed under subsection (2) shall have a casting vote.

) The elected member shall hold office until new members elected under section 50 begins office.

Election of next Majlis Peguam Syarie members

the date of nomination to elect a member of the Majlis

Peguam Syarie referred to in paragraph 48(2)(b) which shall be in the first week of October of that year;

the date of the election which shall be in the last week of October of that year; and

the name of three auditors.

Syarie Legal Profession (Federal Territories)

) The election of members of the Majlis Peguam Syarie shall be held within fourteen days before the annual general meeting and shall, subject to section 52, be conducted in such manner as may be prescribed by the rules made under this Act on the date prescribed by the Majlis Peguam Syarie pursuant to subsection (1).

) Notwithstanding subsections (1) and (2), any unintentional failure on the part of the Majlis Peguam Syarie to comply with this section or any rules made in respect of the election of a member of the Majlis Peguam Syarie shall not invalidate the election.

Eligibility to be nominated and appointed as members of

Majlis Peguam Syarie

shall be in writing and signed by not less than two supporting members; and

shall name only one candidate and the consent of the candidate shall be endorsed by the candidate.

) The names of candidates for the election nominated under subsection (1) shall be sent to or deposited at the office of the

Badan Peguam Syarie not later than twenty-one days from the date determined by the Majlis Peguam Syarie for the election of the members of the Majlis Peguam Syarie.

Insufficient nominations

) If no nominations are made for the election of the members of the next Majlis Peguam Syarie, the current members of the

Majlis Peguam Syarie shall appoint thirteen members of the Badan

Peguam Syarie to be the next members of the Majlis Peguam

Syarie to satisfy the requirements of paragraph 48(2)(b).

) Members appointed under subsections (1) and (2) shall, for the purposes of this Act, be deemed to be elected members.

Period of holding office of Majlis Peguam Syarie

) Every member elected under section 50 shall be eligible for re-election.

Casual vacancy

) Notwithstanding any vacancy in the Majlis Peguam Syarie, the continuing members of the Majlis Peguam Syarie may act if there is a full quorum.

) No act done by or under the authority of the Majlis Peguam

Syarie shall be invalid in consequence of any defect subsequently discovered in the election or qualification of the members or any of them.

Syarie Legal Profession (Federal Territories)

41

Holders of the Office

President, Vice President, Secretary and Treasurer of Badan

Peguam Syarie

) The President of the Badan Peguam Syarie shall not hold office for more than two consecutive years.

) The President of the Badan Peguam Syarie shall also serve as the Chairman of the Majlis Peguam Syarie.

) In the event of any casual vacancy arising in respect of the office of the President, the Vice President, the Secretary or the Treasurer, the Majlis Peguam Syarie shall, at its next meeting or as soon as may be, elect one of its members to fill the vacancy.

) The President of the Badan Peguam Syarie shall preside at all meetings of the Majlis Peguam Syarie and the Badan

Peguam Syarie.

) In the case where the President is incapable of excercising his functions as a President, the Vice President shall preside in the meetings of the Majlis Peguam Syarie or the Badan Peguam

Syarie, as the case may be.

) In the case where the President and the Vice President incapable of exercising their functions as a President and

Vice President, as the case may be, the meeting of the

Majlis Peguam Syarie or the Badan Peguam Syarie shall be presided by any of its members as elected by the Majlis Peguam

Syarie.